Activision Blizzard Inc. v. Acceleration Bay LLC

1:16-cv-00774 | Delaware District Court

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Division Wilmington
Judge Judge Richard G. Andrews
Filed Sept. 2, 2016
Terminated Sept. 19, 2016
Nature of Suit 830 Patent
Cause 28:2201 Declaratory Judgment
Demand Plaintiff
Patents 6,701,344, 6,714,966, 6,732,147, 6,829,634, 6,910,069, and 6,920,497
Last Updated: 10 months ago Show Interactive Timeline
Filing Date # Docket Text
9/20/2016Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,701,344 B1; US 6,829,634 B1; US 6,732,147 B1; US 6,714,966 B1; US 6,920,497 B1; US 6,910,069 B1. (Attachments: # 1 Order)(nms) (Entered: 09/20/2016)
9/19/2016
  • OrderGranted
SO ORDERED Granting (36 in 16-cv-775-RGA, 45 in 16-cv-774-RGA, 33 in 16-cv-776-RGA) Stipulation of Dismissal, filed by 2K Sports Inc., Rockstar Games Inc., Electronic Arts Inc., Activision Blizzard Inc., Take-Two Interactive Software Inc. (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 9/19/2016. Associated Cases: 1:16-cv-00774-RGA, 1:16-cv-00775-RGA, 1:16-cv-00776-RGA(nms) (Entered: 09/19/2016)
9/15/2016
  • Motion to Dismiss (Demurrer)
STIPULATION of Dismissal without Prejudice, by 2K Sports Inc., Rockstar Games Inc., Take-Two Interactive Software Inc., Activision Blizzard Inc., Electronic Arts Inc.. (Blumenfeld, Jack) Modified on 9/16/2016 (nms). (Entered: 09/15/2016)
9/8/2016Case Reassigned to Judge Richard G. Andrews (due to prior related cases). Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:16-cv-00774-RGA, 1:16-cv-00775-RGA, 1:16-cv-00776-RGA (rjb) (Entered: 09/08/2016)
9/7/2016 Letter to The Honorable Sue L. Robinson from Philip A. Rovner, Esq. regarding reassignment to Judge Andrews. (Rovner, Philip) (Entered: 09/07/2016)
9/7/2016Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. Associated Cases: 1:16-cv-00774-SLR, 1:16-cv-00775-SLR, 1:16-cv-00776-SLR (rjb) (Entered: 09/07/2016)
9/6/2016Local Counsel Letter sent. Notice of Compliance deadline set for 10/11/2016. Associated Cases: 1:16-cv-00774-UNA, 1:16-cv-00775-UNA, 1:16-cv-00776-UNA(nmb) (Entered: 09/06/2016)
9/6/2016Record of case transferred in from District of California Northern; Case Number in Other District: 3:16-cv-03375. Copy of Docket Sheet and original file (Entered: 09/06/2016)
9/1/2016TRANSCRIPT ORDER for proceedings held on 9/1/16 before Hon. Richard Seeborg by Acceleration Bay LLC, for Court Reporter Belle Ball. (Kobialka, Lisa) (Filed on 9/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 09/01/2016)
9/1/2016
  • OrderGranted
ORDER GRANTING ACCELERATION BAY, LLC'S ADMINISTRATION MOTION TO FILE DOCUMENTS UNDER SEAL AS MODIFIED BY THE COURT. Signed by Judge Richard Seeborg on 9/1/16. (cl, COURT STAFF) (Filed on 9/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 09/01/2016)
9/1/2016
  • OrderGranted
ORDER GRANTING MOTIONS TO TRANSFER AND DENYING AS MOOT MOTIONS TO DISMISS. Signed by Judge Richard Seeborg on 9/1/16. (cl, COURT STAFF) (Filed on 9/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 09/01/2016)
9/1/201638Minute Entry for proceedings held before Hon. Richard Seeborg: Motion Hearing held on 9/1/2016 re (22 in 3:16-cv-03375-RS) MOTION to Dismiss Defendant Acceleration Bay LLC's Motion to Dismiss or Transfer. (17 in 3:16-cv-03377-RS)MOTION to Dismiss Defendant Acceleration Bay LLC's Motion to Dismiss or Transfer Take-Two Interactive Software (14 in 3:16-cv-03378-RS) MOTION to Dismiss Defendant Acceleration Bay LLC's Motion to Dismiss or Transfer Electronic Arts Inc.'s Complaint.; Motion to transfer is granted, Court to issue an order.Total Time in Court 25 minutes. Court Reporter: Belle Ball. Plaintiff Attorney: Michael Tomasulo. Defendant Attorney: Aaron Frankel, Nobumasa Hiroi. This is a text only Minute Entry (cl, COURT STAFF) (Date Filed: 9/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 09/01/2016)
8/26/2016AFFIDAVIT in Support re 36 Administrative Motion to File Under Seal Exhibit 6 to Defendant Acceleration Bay LLC's Reply in Further Support of Its Motion to Dismiss or Transfer - Docket No. 31 , 32 Declaration of Michael A. Tomasulo In Suppport of Same filed byActivision Blizzard Inc.. (Related document(s) 36 ) (Tomasulo, Michael) (Filed on 8/26/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 08/26/2016)
8/23/2016
  • Motion to File
Administrative Motion to File Under Seal Exhibit 6 to Defendant Acceleration Bay LLC's Reply in Further Support of Its Motion to Dismiss or Transfer - Docket No. 31 , 32 filed by Acceleration Bay LLC. (Attachments: # 1 Declaration of Aaron Frankel, # 2 Proposed Order, # 3 Exhibit 6 - Redacted, # 4 Exhibit 6 - Unredacted)(Kobialka, Lisa) (Filed on 8/23/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 08/23/2016)
8/12/2016AFFIDAVIT in Support re 31 Administrative Motion to File Under Seal regarding Defendant Acceleration Bay LLC's Reply Brief in Further Support of Its Motion to Dismiss or Transfer Plaintiffs' Complaints filed byActivision Blizzard Inc.. (Related document(s) 31 ) (Tomasulo, Michael) (Filed on 8/12/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 08/12/2016)
8/10/2016CERTIFICATE OF SERVICE by Acceleration Bay LLC re 32 Reply to Opposition/Response,,, (Kobialka, Lisa) (Filed on 8/10/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 08/10/2016)
8/8/2016
  • Motion to Dismiss (Demurrer)
REPLY (re 22 MOTION to Dismiss Defendant Acceleration Bay LLC's Motion to Dismiss or Transfer Activision Blizzard, Inc.'s Complaint Under the First-to-File Rule, FRCP 12(b)(3) and 28 U.S.C. Section 1404 ) Defendant Acceleration Bay LLC's Reply Brief in Further Support of Its Motion to Dismiss or Transfer Plaintiffs' Complaints filed byAcceleration Bay LLC. (Attachments: # 1 Declaration of Lisa Kobialka, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 *** FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. ***
Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16)(Kobialka, Lisa) (Filed on 8/8/2016) Modified on 8/24/2016 (fff, COURT STAFF). [Transferred from California Northern on 9/6/2016.] (Entered: 08/08/2016)
8/8/2016
  • Motion to File
Administrative Motion to File Under Seal regarding Defendant Acceleration Bay LLC's Reply Brief in Further Support of Its Motion to Dismiss or Transfer Plaintiffs' Complaints filed by Acceleration Bay LLC. (Attachments: # 1 Declaration of Aaron Frankel, # 2 Proposed Order, # 3 Exhibit 7 (Redacted), # 4 Exhibit 7 (Unredacted), # 5 Exhibit 8 (Redacted), # 6 Exhibit 8 (Unredacted))(Kobialka, Lisa) (Filed on 8/8/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 08/08/2016)
8/8/2016
  • Motion to Appear Pro Hac ViceGranted
ORDER by Judge Richard Seeborg granting 29 Motion for Pro Hac Vice as to Aaron Frankel. (cl, COURT STAFF) (Filed on 8/8/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 08/08/2016)
8/8/2016
  • Motion to Appear Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney pro hac vice for Aaron Frankel ( Filing fee $ 305, receipt number 0971-10670174.) filed by Acceleration Bay LLC. (Frankel, Aaron) (Filed on 8/8/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 08/08/2016)
7/29/2016
  • Motion to Dismiss (Demurrer)
RESPONSE (re 22 MOTION to Dismiss Defendant Acceleration Bay LLC's Motion to Dismiss or Transfer Activision Blizzard, Inc.'s Complaint Under the First-to-File Rule, FRCP 12(b)(3) and 28 U.S.C. Section 1404 ) filed byActivision Blizzard Inc.. (Attachments: # 1 Affidavit of David K. Lin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32)(Tomasulo, Michael) (Filed on 7/29/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/29/2016)
7/20/2016STIPULATION AND ORDER to Consolidate Briefing and Hearing for Acceleration Bay LLC's Motion to Dismiss or Transfer Plaintiffs' Complaints. Signed by Judge Richard Seeborg on 7/20/16. (cl, COURT STAFF) (Filed on 7/20/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/20/2016)
7/19/2016STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order to Consolidate Briefing and Hearing for Acceleration Bay LLC's Motion to Dismiss or Transfer Plaintiffs' Complaints filed by Activision Blizzard Inc.. (Enzminger, David) (Filed on 7/19/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/19/2016)
7/15/2016
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss Defendant Acceleration Bay LLC's Motion to Dismiss or Transfer Activision Blizzard, Inc.'s Complaint Under the First-to-File Rule, FRCP 12(b)(3) and 28 U.S.C. Section 1404 filed by Acceleration Bay LLC. Motion Hearing set for 9/1/2016 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 7/29/2016. Replies due by 8/5/2016. (Attachments: # 1 Declaration of Lisa Kobialka In Support of Finjan's Opposition to Motion to Dismiss, # 2 Exhibit 1 to Kobialka Decl., # 3 Exhibit 2 to Kobialka Decl., # 4 Exhibit 3 to Kobialka Decl., # 5 Exhibit 4 to Kobialka Decl., # 6 Exhibit 5 to Kobialka Decl., # 7 Exhibit 6 to Kobialka Decl., # 8 Exhibit 7 to Kobialka Decl., # 9 Exhibit 8 to Kobialka Decl., # 10 Exhibit 9 to Kobialka Decl., # 11 Proposed Order)(Kobialka, Lisa) (Filed on 7/15/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/15/2016)
7/5/2016
  • OrderGranted
ORDER by Judge Richard Seeborg granting 16 Motion to Relate Cases C 16-03375 RS, C 16-03377 WHO, C 16-3378 MEJ. (cl, COURT STAFF) (Filed on 7/5/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/05/2016)
7/1/2016***ERRONEOUS ENTRY, DOCKETED IN A WRONG CASE, PLEASE DISREGARD*** Certificate of Interested Entities by Acceleration Bay LLC (Andre, Paul) (Filed on 7/1/2016) Modified on 7/3/2016 (gbaS, COURT STAFF). [Transferred from California Northern on 9/6/2016.] (Entered: 07/01/2016)
7/1/2016CERTIFICATE OF SERVICE by Acceleration Bay LLC re 18 Notice of Pendency of Other Action Involving Same Patent (Andre, Paul) (Filed on 7/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/01/2016)
7/1/2016NOTICE of Pendency of Other Action Involving Same Patent by Acceleration Bay LLC (Andre, Paul) (Filed on 7/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/01/2016)
7/1/2016Certificate of Interested Entities by Acceleration Bay LLC (Andre, Paul) (Filed on 7/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/01/2016)
7/1/2016
  • Motion
Joint MOTION to Relate Case filed by Activision Blizzard Inc.. (Attachments: # 1 Proposed Order)(Enzminger, David) (Filed on 7/1/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 07/01/2016)
7/1/2016***ERRONEOUS ENTRY, PLEASE SEE DOCKET NO. 16*** Joint ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related filed by Activision Blizzard Inc.. Responses due by 7/15/2016. (Enzminger, David) (Filed on 7/1/2016) Modified on 7/3/2016 (gbaS, COURT STAFF). [Transferred from California Northern on 9/6/2016.] (Entered: 07/01/2016)
6/30/2016CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/15/2016. Initial Case Management Conference set for 9/22/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (cl, COURT STAFF) (Filed on 6/30/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/30/2016)
6/30/2016
  • Order
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Richard Seeborg for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case.. Signed by Executive Committee on 6/30/16. (as, COURT STAFF) (Filed on 6/30/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/30/2016)
6/30/201612CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned.

ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED.

This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 6/30/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/30/2016)

6/30/2016CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Activision Blizzard Inc... (Enzminger, David) (Filed on 6/30/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/30/2016)
6/28/2016SUMMONS Returned Executed by Activision Blizzard Inc.. Acceleration Bay LLC served on 6/24/2016, answer due 7/15/2016. (Enzminger, David) (Filed on 6/28/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/28/2016)
6/21/2016REPORT on the filing of an action regarding patent infringement (cc: form mailed to register). (slhS, COURT STAFF) (Filed on 6/21/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/21/2016)
6/21/2016Summons Issued as to Acceleration Bay LLC. (slhS, COURT STAFF) (Filed on 6/21/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/21/2016)
6/21/2016
  • Scheduling Order
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/8/2016. Case Management Conference set for 9/15/2016 01:30 PM in Courtroom F, 15th Floor, San Francisco. (slhS, COURT STAFF) (Filed on 6/21/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/21/2016)
6/17/20164Case assigned to Magistrate Judge Jacqueline Scott Corley.

Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.

Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. by 7/1/2016. (haS, COURT STAFF) (Filed on 6/17/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/17/2016)

6/16/2016Certificate of Interested Entities by Activision Blizzard Inc. (Enzminger, David) (Filed on 6/16/2016) [Transferred from California Northern on 9/6/2016.] (Entered: 06/16/2016)
6/16/2016
  • Complaint
COMPLAINT for Declaratory Judgment of Non-Infringement of U.S. Patents against Acceleration Bay LLC. (Filing Fee $400.00, Receipt Number 0971-10536602) Filed by Activision Blizzard Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(Enzminger, David) (Filed on 6/16/2016) Modified on 6/21/2016 (slhS, COURT STAFF). Modified on 7/28/2016 (gbaS, COURT STAFF). [Transferred from California Northern on 9/6/2016.] (Entered: 06/16/2016)